Rock Creek Lumber, Flume and Mining Company, Davis vs. 5 Sacramento and Placerville Railroad Company vs. Superior Court..... 315 Salazar, People vs.. 569 San Francisco and North Pacific Railroad Company, Hinkle vs. 428 San Jose vs. Freyschlag.... 459 San Jose and Santa Cruz Railroad Company, Jamison vs. 271 Santa Clara Mining Association, Meredith vs.. 746 Santa Cruz Bank of Savings and Loan vs. Cooper. 859 Santa Cruz City vs. Santa Cruz Railroad Company. 473 995 Santa Cruz Railroad Company vs. Board of Supervisors.. Seale, McCord vs. Shelby, Hihn vs. Sheldon vs. Dalton.. Sheldon vs. Gunn Sheldon vs. Gunn. 908 473 169 997 828 699 665 554 958 952 43 739 941 942 895 Superior Court, Hibernia Savings and Loan Society vs.. 698 Thomas vs. Rock Island Gold and Silver Mining Company.. 158 Vaca Valley and Clear Lake Railroad Company, Butcher vs. 974 561 VOL. VI. AUGUST 28, 1880. No. 1. Current Topics. WE herewith present our readers with a double number for the first one of the new volume, reserving until our next pertinent remarks, which are crowded out. THE State of California presents the anomaly of a government being carried on under laws of dual relations of widely different and conflicting organic laws. Although this feature is not limited to this State, yet the failure to provide a stable basis for a superstructure upon which to build a practical scheme of government for the benefit of the governed is more conspicuous here, on account of the vital importance attached to the questions sought to be solved by the Constitution makers, and by the Legislature acting thereunder. Had there been a careful examination into the principles or reasons that govern Courts, the tribunals which, after all, possess the final power of determining whether any law is or is not applicable to a certain condition of things, and upon whose fiat hangs the fate of all legislative action, it would have been perceived that not even organic law could force the State into a condition of chaos by a sweeping repeal of all rules of action adopted previous to its passage. At first blush, it was considered that all laws inconsistent with the new Constitution passed out of existence upon its adoption, and after the first day of July last; hence the great desire to patch up some sort of a system suitable to the wants of the people and in compliance with the provisions of the Constitution. Within the limited time granted the Legislature it was impossible to establish a code of laws deprived of their special features, because the matter required calm and studied deliberation. Had there been less haste it would undoubtedly have occurred to the thoughtful mind that if the new Constitution had operated to repeal all existing laws it would have been necessary to create an entirely new code of original laws; because whatever special features existed in the old law could not be cured by revision or amendment, as re-enactment was requisite, and what was constitutional under the old Constitution would be void under the inhibitions of the new; and whether the new Con |